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this is consistent with mr. zimmerman's account that he -- that mr. martin was over him leaning forward at the time he was shot. >> i want to bring in our legal panel to go over some of these key moments of the day. specifically linda kenney baden is our guest along with jean casarez and sunny hostin. considering how respected mr. di maio is, literally the guy who wrote the textbook on forensic pathology, how do you counter that? how do you counter what he is saying? >> i think you do exactly what the state did. they countered him using their theory of the case. for the defense, jake, this is all about self-defense so they want their experts to get into how close they were, who was on top, who was on the bottom. for the prosecution, their entire theory is about who started this fight, who was the initial aggressor. so that is what the ruprosecuti did the minute they got up. they said you're not testifying about who started the fight, you can't tell who threw the first punches, isn't that right? and it went on and on and on like that. the prosecutor ev
this is consistent with mr. zimmerman's account that he -- that mr. martin was over him leaning forward at the time he was shot. >> i want to bring in our legal panel to go over some of these key moments of the day. specifically linda kenney baden is our guest along with jean casarez and sunny hostin. considering how respected mr. di maio is, literally the guy who wrote the textbook on forensic pathology, how do you counter that? how do you counter what he is saying? >> i think you...
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>> this is consistent with mr. zimmerman's account that he -- that mr. martin was over him leaning forward at the time he was shot. >> a top expert on gunshot wounds takes the stand and supports zimmerman's story, again. >> is this injury consistent with mr. zimmerman's head having impacted a sidewalk? >> yes, sir. >> and again. >> is this injury you see in this exhibit consistent with having been punched in the nose? >> yes, sir. >> the prosecution hit back and i'll break it down with the legal eagles and the man that defended casey anthony. how he thinks the defense team is dog. >> i want to bring in ashleigh banfield. so significant, wasn't it, the testimony of this man, dr. vincent di maio. >> reporter: of course. the lights on behind me, this is a see quested jury so they are getting as much done as fast as they can and accomplished so much with the witness you just talked about. dr. vincent di maio. heard of him? probably. he's like the grand dad of pathology, he was the medical examiner in beaux county in texas and made incredible arguments, so ma
>> this is consistent with mr. zimmerman's account that he -- that mr. martin was over him leaning forward at the time he was shot. >> a top expert on gunshot wounds takes the stand and supports zimmerman's story, again. >> is this injury consistent with mr. zimmerman's head having impacted a sidewalk? >> yes, sir. >> and again. >> is this injury you see in this exhibit consistent with having been punched in the nose? >> yes, sir. >> the...
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zimmerman's account that he -- that mr. martin was over him, leaning forward at the time he was shot. >> that was just one of several key moments in dr. di maio's testimony that supported zimmerman's claim that he shot martin in self-defense. jose baez is joining us. also joining us is sunny hostin and our legal correspondent jean casarez. it looks like that testimony was pretty strongly in favor of the defense, jose. how important was it? >> it's extremely important. for one thing, and that is that this trial has moved into a direction of who was on top, whose voice is that. wolf, i know vince di maio, i've worked with him. his book on gunshot wounds is the bible when it comes to gunshot wounds and is used by every forensic pathologist across the country. what this man says is extremely important. but the fact of what he says it's consistent with isn't necessarily definitive but the lack of prosecution on this issue gave it a lot more weight than it could have been. it still doesn't answer the question of who was the initi
zimmerman's account that he -- that mr. martin was over him, leaning forward at the time he was shot. >> that was just one of several key moments in dr. di maio's testimony that supported zimmerman's claim that he shot martin in self-defense. jose baez is joining us. also joining us is sunny hostin and our legal correspondent jean casarez. it looks like that testimony was pretty strongly in favor of the defense, jose. how important was it? >> it's extremely important. for one thing,...
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mr. zimmerman, please stand up. i'll remind you, sir, that you're still under oath from when we had you sworn in earlier before the break. did you now have sufficient time to discuss with your attorneys whether or not you wanted to testify in this case? >> yes, your honor. >> i don't need to know what was said. but after those discussions, have you made a decision? >> yes, your honor. >> and what is your decision, sir? >> after consulting with counsel, not to testify, your honor. >> okay. you understand that no matter what counsel says to you, it's still your decision. do you understand that? >> yes, your honor. >> okay. and i need to know, is it your decision to not testify in this case? >> yes, your honor. >> and are you making that decision freely and voluntarily? >> yes, your honor. >> has anybody promised you anything to get you to make that decision? >> no, your honor. >> has anybody threatened you? >> no, your honor. >> and this is clearly the decision that you yourself have made? >> yes, your honor. >> thank
mr. zimmerman, please stand up. i'll remind you, sir, that you're still under oath from when we had you sworn in earlier before the break. did you now have sufficient time to discuss with your attorneys whether or not you wanted to testify in this case? >> yes, your honor. >> i don't need to know what was said. but after those discussions, have you made a decision? >> yes, your honor. >> and what is your decision, sir? >> after consulting with counsel, not to...
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on a scale of one to ten, where would mr. zimmerman fit? >> like i said brk a one. he's still learn how long to punch. he didn't know how to effectively punch. >> diana, i found this kind of curious. the prosecution didn't bring this up. why would the defense call attention to the fact that this guy wasn't in shape or as his trainer referred to him fat, 1%, .5% on a scale of 1 to 10. why bring it up? >> the state did talk about this in their opening. even when nobody brings in evidence of what they've said and the jury is told that's not evidence, i think the defense still felt like they needed to say this guy was big, certainly bigger around than trayvon martin, but he was not in shape, he was not athletic, he was not somebody who would be able to take him in a fight. and as the injuries seem to support, it doesn't appear that zimmerman got a blow in prior to drawing the weapon after sustaining injuries himself. so i don't know that it was necessarily necessary at this point and certainly george zimmerman's got to be a little bit embarrassed. i mean he's called obe
on a scale of one to ten, where would mr. zimmerman fit? >> like i said brk a one. he's still learn how long to punch. he didn't know how to effectively punch. >> diana, i found this kind of curious. the prosecution didn't bring this up. why would the defense call attention to the fact that this guy wasn't in shape or as his trainer referred to him fat, 1%, .5% on a scale of 1 to 10. why bring it up? >> the state did talk about this in their opening. even when nobody brings in...
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this insjury consistent with mr. zimmerman's head having impacted a sidewalk? >> yes, sir. >> reporter: the prosecution jumped on a key question that the defense expert couldn't answer. >> you're not testifying here as to who started what led up to the death of trayvon mart snn. >> that is correct sir. >> and not saying who attacked who, whether it was george zimmerman who attacked trayvon martin or whether it was trayvon martin that attacked george zimmerman, you can't say that, correct? >> that's correct, sir. >> in fact, you can't testify as to who threw the first punch? >> that's correct, sir. >> and you can't say whether it was trayvon martin defending himself or george zimmerman defending himself, in terms of when this first started? >> when it first started, that's correct, sir. >> reporter: the prosecutor got the witness to admit the defense was paying di maio $400 an hour for his expertise, but di maio said the case didn't require a lot of his time. >> up to yesterday, $2400. this is not exactly a complicate
this insjury consistent with mr. zimmerman's head having impacted a sidewalk? >> yes, sir. >> reporter: the prosecution jumped on a key question that the defense expert couldn't answer. >> you're not testifying here as to who started what led up to the death of trayvon mart snn. >> that is correct sir. >> and not saying who attacked who, whether it was george zimmerman who attacked trayvon martin or whether it was trayvon martin that attacked george zimmerman, you...
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at the time mr. martin was shot. this is consistent with mr. zimmerman's account. that he, that mr. martin, was over him leaning forward at the time he was shot. >> obviously if you're leaning forward the implication that you're on top because the clothes are hanging away from your body. so does this mean the state can't get a conviction? "out front" tonight our legal analystses. great to have all of you with us. i want to start with you, mark. dr. dimaio has impressive credentials. you say pathologist, aren't there a lot of them? how do we know this guy is legit, the guy? he has 40 years of experience. he served as the chief medical examiner in san antonio and he was the former editor in chief of the journal of forensic medicine and pathology. how significant was his testimony? >> he knocked it out of the park and i think anybody who observed him and listened to him knows that. he literally wrote the book. the book is called "forensic pathology." he wrote the book called "forensic pathology." his expertise is second to none. the two mes the state called, you have polar extremes in
at the time mr. martin was shot. this is consistent with mr. zimmerman's account. that he, that mr. martin, was over him leaning forward at the time he was shot. >> obviously if you're leaning forward the implication that you're on top because the clothes are hanging away from your body. so does this mean the state can't get a conviction? "out front" tonight our legal analystses. great to have all of you with us. i want to start with you, mark. dr. dimaio has impressive...
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and mrs. zimmerman to be here and shelly zimmerman was here by herself, that she requested mr. donnelly to join a -- i guess the row behind her. that's just so you understand how this whole thing began with mr. donnelly coming in to offer support to ms. zimmerman. insurgence, since i had never met him, mr. west i think met him at his deposition, but we had certainly not pre-tried him as a witness, because just so you're clear, we had no intention of calling him. that sort of comes in mind with the suggestion that we had any connivance. with the fact -- and there was a technical violation of the rule, the question is, what is the remedy? before you consider any remedy, i think you need to find that not only was a there a technical violation, there was a true substantive violation. and there's been no finding of that, there's been no evidence or suggestion of that, and in reality, we know what his testimony was, because it was quite limited, limited to testimony that he created, if you will, on saturday -- >>> mark o'mara, the defense attorney for george zimmerman making the case
and mrs. zimmerman to be here and shelly zimmerman was here by herself, that she requested mr. donnelly to join a -- i guess the row behind her. that's just so you understand how this whole thing began with mr. donnelly coming in to offer support to ms. zimmerman. insurgence, since i had never met him, mr. west i think met him at his deposition, but we had certainly not pre-tried him as a witness, because just so you're clear, we had no intention of calling him. that sort of comes in mind with...
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this last witness, mr. donnelly because he's saying he's an expert in how people would sound when under distress similar to what he saw when he was in combat medic, i think it's been a pretty effective tactic been the defense. >> he was emotional and times he was very uncomfortable with what he was listening to. i want you to tell me whether or not that plays to the jurors and secondly, the fact he bought all these clothes for george zimmerman, the suits and ties and the shopping spree for him. does that undermine his kred credibility that perhaps it does call into question his credibility. >> i think all of those are valid points. who will know his voice that is close to him but once you indicate you're close to him then they will be subject to impeachment because they are too close to him. there's going to be a trick door no matter which way you go in. i think that they have been very strong. there's two women on the jury who are in their 60s. i think they would be highly relatable to the donnelly's. they
this last witness, mr. donnelly because he's saying he's an expert in how people would sound when under distress similar to what he saw when he was in combat medic, i think it's been a pretty effective tactic been the defense. >> he was emotional and times he was very uncomfortable with what he was listening to. i want you to tell me whether or not that plays to the jurors and secondly, the fact he bought all these clothes for george zimmerman, the suits and ties and the shopping spree...
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>> on mr. zimmerman's behalf that question -- >> i am asking your client questions, please mr. west. >> i object to the court inquiring to mr. zimmerman as to his decision whether or not to testify. >> your objection is overruled. have you made a decision? >> yes, your honor. >> and what is your decision, sir? >> after consulting with counsel, not to testify, your honor. >> all right, so the big deal here not that zimmerman didn't testify but that whole exchange with the judge. we'll get into that with our experts in a second. here to the wall the defense rests. obvious to that. not to testify, your honor. what was that about? not testifying was pretty obvious here but did he have to, given what the prosecutors had done? that's going to be a big part of the analysis. dueling dummies, the prosecutors and defense attorneys both got on top of the mannequin to show what happened. which theory did it support better? the jury is watching them, probably their last picture of what to make of the altercation so important. then parting shots. the defense puts on this white victim of a ro
>> on mr. zimmerman's behalf that question -- >> i am asking your client questions, please mr. west. >> i object to the court inquiring to mr. zimmerman as to his decision whether or not to testify. >> your objection is overruled. have you made a decision? >> yes, your honor. >> and what is your decision, sir? >> after consulting with counsel, not to testify, your honor. >> all right, so the big deal here not that zimmerman didn't testify but that...
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. >> on a scale of one oten where would mr. zimmerman lie? >> like i said level one. >> the judge ruled marijuana in trayvon martin's system is admitted into evidence. court is expected to start earlier today, 8:30 a.m. eastern time and we expect the judge, chris and kate, to rule on whether a computer re-enactment will be able to be admitted in this trial. we'll also expect to hear from more witnesses, more experts in this case. >> george howell following it in sanford, thanks so much. >>> coming up next on "new day," john king with our political gut check. >>> plus a young mom from michigan caught on tape trying to hire a hitman to kill her husband. you have to hear it to believe it. >>> here's another one for you, if fish aren't biting call this guy, he'll catch your dinner, no pole included. there it is, you thought i was kidding, right? >> i did. members of the american postal worker's union handle more than 165 billion letters and packages a year. that's about 34 million pounds of mail every day. ever wonder what this costs you as a tax
. >> on a scale of one oten where would mr. zimmerman lie? >> like i said level one. >> the judge ruled marijuana in trayvon martin's system is admitted into evidence. court is expected to start earlier today, 8:30 a.m. eastern time and we expect the judge, chris and kate, to rule on whether a computer re-enactment will be able to be admitted in this trial. we'll also expect to hear from more witnesses, more experts in this case. >> george howell following it in sanford,...
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martin being over mr. zimmerman. >> is it not also consistent with mr. martin pulling away zimmerman on the ground? and you would have the same angle, he's pulling away, and zimmerman's shooting him at that time. >> yeah. >> reporter: defense attorneys also called george zimmerman's former neighbor to testify via video conference because she was too ill to appear in court. eloise dilligard told the court the night of the shooting she recognized zimmerman's truck parked near the crime scene. o'mara asked dilligard who she thought was screaming that night. >> based on the fact i've only heard george's voice and it's a male light, i would say it was his. >> reporter: so, chris, it was a long, long night yesterday. you know, and you could tell -- you could see these attorneys getting upset. especially don west. the way he was talking to judge debra nelson. i want you to listen to just a little bit of what we heard last night. >> -- said i would offer him the opportunity right now to apologize to me for suggesting that i stood by silently with information tha
martin being over mr. zimmerman. >> is it not also consistent with mr. martin pulling away zimmerman on the ground? and you would have the same angle, he's pulling away, and zimmerman's shooting him at that time. >> yeah. >> reporter: defense attorneys also called george zimmerman's former neighbor to testify via video conference because she was too ill to appear in court. eloise dilligard told the court the night of the shooting she recognized zimmerman's truck parked near...
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. >> were the injuries on mr. zimmerman consistent with someone doing this on cement? >> i don't think so. >> how about this? >> how about somebody resisting the intent. if somebody was resisting the pushing down lie this? >> i believe so. >> a lot of the use of the dummy was about the trajectory of the gun. walk you will through the points that you think the prosecute and defense were trying to make. >> reporter: i think what the prosecution was trying to show is they were trying to discredit george zimmerman. if he in fact told his good friend that the legs of trayvon martin were up above the hips, how is george zimmerman going to get the gun to shoot him. we know he shot him, but he -- now, i think the point's made on both sides will be extremely important, just as you said, the trajectory of the shot based on where the parties were, because the prosecution brought into focus that maybe trayvon was trying to get away, was trying to stop the attack and get up from it all. but then you've got to look at the trajectory of the shot because on that point, george zimmerma
. >> were the injuries on mr. zimmerman consistent with someone doing this on cement? >> i don't think so. >> how about this? >> how about somebody resisting the intent. if somebody was resisting the pushing down lie this? >> i believe so. >> a lot of the use of the dummy was about the trajectory of the gun. walk you will through the points that you think the prosecute and defense were trying to make. >> reporter: i think what the prosecution was trying...